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14-1748 - In Re: Testosterone Replacement Therapy Products Liability Litigation


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14-1748 - In Re: Testosterone Replacement Therapy Products Liability Litigation
August 1, 2014
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CORRECTED MDL CASE MANAGEMENT ORDER NO. 4 signed by the Honorable Matthew F. Kennelly on 7/31/2014: By this order, the Court appoints plaintiffs' lead counsel, liaison counsel, executive committee, and steering committee, as well as the organizational structure for defense counsel. Draft orders as described in the accompanying order are to be submitted to the Court (via Judge Kennelly's proposed order e-mail address) by no later than August 7, 2014, and any objections to the form or content of the orders must be electronically filed by no later than August 11, 2014. (NOTE: This order is corrected to remove the name of attorney Will Moody, Jr. from the list of those appointed to the plaintiffs' steering committee, in light of Mr. Moody's earlier withdrawal of his application. The Court apologizes for the error.) (mk) (Kennelly, Matthew)
September 15, 2014
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 9/15/2014. For the foregoing reasons, the Court grants plaintiff's motion for remand [Case No. 14 C 1748, docket no. 204]. The Clerk is directed to remand Case No. 14 C 4856 to the Circuit Court of Cook County. Mailed notice.(pjg, )
December 23, 2014
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 12/23/2014: For the reasons stated in the accompanying decision, the Court grants defendants' motions to dismiss in part [dkt. nos. 66 & 72]. The Court grants the motion to dismiss as to Kenneth Montgomery's complaint, with leave to amend. The Court also grants the motion to dismiss as to each plaintiff's express warranty claim. The motion to dismiss is otherwise denied. Counsel for plaintiffs and defendants are directed to promptly confer in order to present to the Court prior to the next case management conference a proposal concerning the timing of defendants' responses to the remaining complaints and how defendants may preserve in those responses points the Court has rejected and specific state-law arguments the Court has declined to address at this juncture. (mk)
March 2, 2015
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 3/2/2015. The Court grants plaintiff's motion to remand (Case No. 14 C 1748, dkt. no. 419). Case No. 14 C 7902 is hereby remanded to the Circuit Court of Baldwin County, Alabama. Mailed notice.(pjg, )
September 30, 2015
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 9/30/2015: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants defendants' motion to dismiss in part [dkt. no. 876] and defers ruling in part. Claims Two, Four, Five, Six, Seven, and Nine of the Master Complaint are dismissed for failure to state a claim insofar as they are asserted against defendants Besins S.A. and Besins Inc. The Court declines to dismiss Claims One, Three, Eight, Ten, Eleven, Twelve, Thirteen, and Fourteen for failure to state a claim. Ruling on the motion to dismiss for lack of personal jurisdiction is otherwise deferred pending discovery as described in the body of this decision. Prior to the October case management conference, counsel are to confer and attempt to agree upon a discovery schedule regarding the motion. The parties' proposal or proposals are to be included in the status report filed in advance of that conference. (mk)
November 9, 2015
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 11/9/2015: For the reasons stated in the accompanying decision, the Court grants defendants' motion to dismiss [dkt. no. 770] with regard to all claims involving defendants' drugs that were approved pursuant to abbreviated new drug applications and denies plaintiffs' request for discovery related to the preemption issue. (mk)(Kennelly, Matthew)
December 22, 2015
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MOTION by Defendants Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC for judgment MOTION FOR ENTRY OF FINAL JUDGMENT AND PARTIAL FINAL JUDGMENT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 54(b) AND 58 (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Holian, Matthew)
February 18, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 2/18/2016: (This document concerns Case No. 15 C 11058, Liggins v. AbbVie) For the reasons discussed in the accompanying decision, the Court dismisses the claims of plaintiff Charlie Bernaix for lack of personal jurisdiction. The Court also denies plaintiffs' motion to remand. The Court declines at this time to rule on defendants' motion to dismiss regarding the other plaintiffs' claims. The Court wishes to discuss with counsel how the case should proceed ahead. The case is set for a telephone status conference on March 1, 2016 at 12:45 p.m. Chicago time. Counsel should confer to determine who should participate in the conference call; someone should volunteer to set it up; and they are to advise the Court by February 29, 2016 regarding the call-in information. (mk)
March 7, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/7/2016: For the reasons stated in the accompanying decision, the Court grants plaintiffs' ANDA-related motion for reconsideration and for clarification in part and denies it in part [dkt. no. 1099]. For the reasons discussed above and in the Court's previous order, plaintiffs' request for additional discovery is denied, and plaintiffs' various claims for design defect and failure to warn (Counts One, Two, Three, Four, Five, and Six, and Eight) arising from the use of defendants' TRT drugs Depo-Testosterone and Testopel are dismissed. Plaintiffs' remaining claims (Counts Seven, Nine, Ten, Eleven, Twelve, Thirteen, and Fourteen) survive to the extent they are based on allegations of fraudulent off-label marketing but are otherwise dismissed. (mk)
October 10, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 10/10/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies Besins' motion to dismiss [dkt. no. 876] (mk)
May 8, 2017
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CASE MANAGEMENT ORDER NO. 46 (Rulings on AbbVie's motion to exclude expert testimony on causation and for summary judgment and plaintiffs' motion to limit testimony of Dr. Marais - dkt. 1738 & 1753), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
May 8, 2017
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CASE MANAGEMENT ORDER NO. 47 (Ruling on AbbVie's motion for summaryjudgment on failure-to-warn claims - dkt. 1745), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
May 8, 2017
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CASE MANAGEMENT ORDER NO. 48 (Rulings on AbbVie's motion for summary judgment on "off-label" marketing claims and motion to exclude testimony and AbbVie's motions to exclude opinions of Dr. Steven Woloshin and Dr. Curt Furberg (dkt. 1727, 1731 & 1746)), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
May 8, 2017
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CASE MANAGEMENT ORDER NO. 49 (Decision on AbbVie's motion to exclude plaintiff's expert Robert Johnson - dkt. 1729), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
May 8, 2017
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CASE MANAGEMENT ORDER NO. 50 (Decision on Besins' motion for summary judgment - dkt. 1736), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
May 29, 2017
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CASE MANAGEMENT ORDER NO. 59 (rulings on omnibus motions in limine in AbbVie bellwether cases and case-specific motions in limine in Konrad v. AbbVie, Inc., Case No. 15 C 966 and Mitchell v. AbbVie, Inc., Case No. 14 C 9178), signed by the Honorable Matthew F. Kennelly on 5/29/2017. (mk)
July 11, 2017
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CASE MANAGEMENT ORDER NO. 64 (Ruling on motion for reconsideration of Daubert ruling concerning Dr. Ardehali's testimony), signed by the Honorable Matthew F. Kennelly on 7/11/2017. (mk)
July 17, 2017
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MOTION for judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(A), and Memorandum in Support (Yeary, Michelle)
August 24, 2017
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CASE MANAGEMENT ORDER NO. 65 (rulings on motions to strike affirmative defenses in Owens v. Auxilium Pharms, Inc., Case No. 14 C 5180 and Holtsclaw v. Auxilium Pharms, Inc., Case No. 15 C 3941), signed by the Honorable Matthew F. Kennelly on 8/24/2017. (mk)
September 24, 2017
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CASE MANAGEMENT ORDER NO. 68 (Ruling on AbbVie's motion for sanctions in Rowley v. AbbVie, Inc.), signed by the Honorable Matthew F. Kennelly on 9/24/2017. (mk)
October 23, 2017
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CASE MANAGEMENT ORDER NO. 76 (Rulings on Auxilium's motions to exclude expert testimony and for summary judgment - dkt. 34, 38, & 39 in Holtsclaw v. Auxilium, Case No. 15 C 3941, and dkt. 29, 33, & 34 in Owens v. Auxilium, Case No. 14 C 5180), signed by the Honorable Matthew F. Kennelly on 10/23/2017. (mk)
November 2, 2017
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MOTION for judgment as a Matter of Law, or Alternatively for a New Trial or Remittitur, and Memorandum in Support (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Yeary, Michelle)
November 3, 2017
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CASE MANAGEMENT ORDER NO. 77 (rulings on motions in limine in Auxilium bellwether cases and case-specific motions in limine in Holtsclaw v. Auxilium Pharmaceuticals, Inc., Case No. 15 C 3941), signed by the Honorable Matthew F. Kennelly on 11/3/2017. (mk)
December 22, 2017
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CASE MANAGEMENT ORDER NO. 92 (Memorandum Opinion and Order on post-trialmotions in Mitchell v. AbbVie, No. 14 C 9178) Signed by the Honorable Matthew F. Kennelly on 12/22/2017: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants in part and denies in part AbbVie's motion to strike the punitive damages award and for entry of judgment as a matter of law [dkt. no. 92], and grants in part and denies in part Mitchell's motion to amend the judgment or in the alternative for a new trial [dkt. no. 93]. The Court vacates the judgment in part, specifically the finding entered in favor of Mitchell on the claim for fraudulent misrepresentation and the award of punitive damages. The Court orders a new trial on Mitchell's claim for fraudulent misrepresentation, including damages relating to that claim. The trial is set for March 5, 2018 at 9:45 a.m. The final pretrial conference is set for February 28, 2018 at 3:30 p.m. (mk)
January 6, 2018
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CASE MANAGEMENT ORDER NO. 94 (rulings on motions in limine in Nolte v. AbbVie, Inc. et al., Case No. 14 C 8135), signed by the Honorable Matthew F. Kennelly on 1/6/2018. (mk)
March 14, 2018
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8. (mk)CASE MANAGEMENT ORDER NO. 104 (Memorandum Opinion and Order on defendants' motion for order that plaintiff may not claw back documents in Med. Mutual of Ohio v. AbbVie Inc., No. 14 C 8857), signed by the Honorable Matthew F. Kennelly on 3/14/201
March 14, 2018
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CASE MANAGEMENT ORDER NO. 105 (Memorandum Opinion and Order on plaintiff's motion to exclude cumulative expert testimony in Mitchell v. AbbVie, No. 14 C 9178), signed by the Honorable Matthew F. Kennelly on March 14, 2018. (mk)
May 5, 2018
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CASE MANAGEMENT ORDER No. 116 (rulings on motions in limine in Myers v. AbbVie Inc. et al., Case No. 15 C 1085), signed by the Honorable Matthew F. Kennelly on May 5, 2018. (mk)
May 28, 2018
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CASE MANAGEMENT ORDER No. 123 (rulings on certain motions in limine in Rowley v. AbbVie Inc. et al., Case No. 15 C 2760), signed by the Honorable Matthew F. Kennelly on 5/28/2018. (mk)
May 29, 2018
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endants' motion for summary judgment on all remaining claims by all plaintiffs in the MDL proceeding [dkt. no. 2425]. (mk)CASE MANAGEMENT ORDER NO. 124 (Ruling on Besins defendants' motion for summary judgment, dkt. no. 2425), signed by the Honorable Matthew F. Kennelly on 5/29/2018: For the reasons stated in the accompanying order, the Court grants the Besins def
July 5, 2018
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on a specific date to be set after discussion with counsel. (mk)CASE MANAGEMENT ORDER NO. 129 (Memorandum Opinion and Order on post-trialmotions in Konrad v. AbbVie, No. 15 C 966): For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies AbbVie's motion for judgment as a matter of law but grants its motion for a new trial [dkt. no. 118]. The Court vacates the judgment entered on October 5, 2017 and orders a new trial on all claims. The case will be retried in the fall of this year (October, November, or December 2018)
July 26, 2018
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Matthew F. Kennelly on 7/26/2018. (mk)CASE MANAGEMENT ORDER NO. 130 (Memorandum Opinion and Order on MMO's Motion for Class Certification, MMO's Daubert Motions, and Defendants' Daubert Motions in Med. Mutual of Ohio v. AbbVie Inc., No. 14 C 8857), signed by the Honorable